32 C.F.R. Subpart I—Oil and Hazardous Substances Spill Control and Contingency Plans
Title 32 - National Defense
This chapter sets forth the procedures for the control of discharges of oil and hazardous substances under the Federal Water Pollution Control Act (FWPCA) Amendments of 1972 and as promulgated by US Environmental Protection Agency and US Coast Guard Regulations. Further guidance on hazardous and toxic materials management appears in subpart F of this part. The Department of the Army goal, in support of national policy, is to prevent the discharge of oil and hazardous substances and to provide for the prompt, coordinated responses to contain and clean up spills should they occur. Objectives for attaining this goal are to— (a) Transport, store, handle, and dispose of oil, fuels, lubricant products, and hazardous liquid substances in a safe and environmentally acceptable manner. (b) Institute a responsive alert procedure in the event of a spill and be prepared to rapidly respond in the containment and cleanup of a spill. (c) Plan for and cooperate with other Federal, State, interstate, and local Government agencies to ensure that the public health and welfare are provided adequate protection from discharge of oils and other hazardous liquid substances. For the purpose of this regulation and AR 500–60, the following apply— (a) Advisory agencies. Departments or agencies which can make major contributions during response activities for certain types of discharges. These agencies are: The Nuclear Regulatory Commission; Department of Health, Education and Welfare; Department of Justice; Federal Disaster Assistance Administration; and Department of State. (b) Applicable water quality standards. The water quality standards adopted by the State and approved by EPA pursuant to section 303 of the Federal Water Pollution Control Act or promulgated by EPA pursuant to that section. (c) Coastal waters. Generally, those US waters navigable by or to be established by deep draft vessels, the contiguous zone, the high seas, and other waters subject to tidal influence. (d) Contiguous zone. The entire zone established by the United States or to be established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone. This is the zone contiguous to the territorial sea which extends 200 miles seaward from the baseline from which the territorial sea is measured. (e) Discharge. Includes but is not limited to any spilling, leaking, pumping, pouring, emitting, emptying, or dumping. For the purpose of the Spill Prevention Control and Countermeasure Plan (SPCC Plan) and the Installation Spill Contingency Plan (ISCP), the term discharge will not include any discharge of oil which is authorized by a permit issued by a Federal or State authority; i.e., issued pursuant to section 13 of the River and Harbor Act of 1899 (30 Stat. 1121, 33 U.S.C. 407), or sections 402 or 405 of the FWPCA Amendments of 1972 (86 Stat. 816 et seq., 33 U.S.C. 1251 et seq.). (f) Discharge classifications. The following classifications are provided for guidance and serve as criteria for reporting and general response actions. They are not meant to imply or connote associated degree of hazard to the public health or welfare, or a measure of environmental damage. A discharge that poses a substantial threat to the public health or welfare, or results in critical public concern will be classed as a major discharge, notwithstanding the following quantitative measures. (1) Minor discharge. A discharge to the inland waters of less than 1000 gallons of oil, or a discharge of less than 10,000 gallons of oil to the coastal waters. (2) Medium discharge. A discharge of 1,000 to 10,000 gallons of oil to the inland waters, or a discharge of 10,000 to 100,000 gallons of oil to the coastal waters, or a discharge of a hazardous substance in a harmful quantity as defined in EPA or Army regulations. (3) Major discharge. A discharge of more than 10,000 gallons of oil to the inland waters, or more than 100,000 gallons of oil to the coastal waters, or a discharge of a hazardous substance that poses a substantial threat to the public health or welfare. (g) Hazardous substance. An element or compound, or mixture, (other than oil) which, when discharged in any quantity onto land or into or upon navigable or coastal waters, presents an imminent and substantial danger to the public health or welfare, including fish, shellfish, wildlife, shorelines, and beaches; (e.g., hazardous substances include strong acids, strong bases, potentially toxic pesticides, or other bulk-stored chemicals used in manufacturing processes and maintenance or repair operations). (h) Inland waters. Generally, those waters upstream from coastal waters. (i) Installation on-scene coordinator (IOSC). The official predesignated by the Army Installation Commander to coordinate and direct Army control and cleanup efforts at the scene of an oil or hazardous substance discharge on or adjacent to an Army installation. (j) Installation response team (IRT). Those collective individuals on an installation designated to act in an emergency to perform those functions directed by the IOSC. (k) National Response Center (NRC). The Washington, DC, headquarters for coordinating activities relative to pollution emergencies. It is located at Headquarters, USCG. (l) National Response Team (NRT). A team of representatives from the primary and advisory agencies which serves as the national body for planning and preparedness actions prior to a pollution discharge and for coordination and advice during a pollution emergency. (m) Navigable waters of the United States. “Navigable waters” as defined in section 502(7) of the FWPCA and (1) All navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 amendments to the FWPCA (Pub. L. 92–500), and tributaries of such waters; (2) Interstate waters; (3) Intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; and (4) Intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce. (n) Nontransportation-related onshore and offshore facilities. Includes, but is not limited to, oil storage facilities and related equipment and appurtenances, as well as fixed bulk plant storage, terminal oil storage facilities, consumer storage, pumps, and drainage systems used in the storage of oil. These facilities include— (1) Waste treatment facilities including in-plant pipelines, effluent discharge lines, and storage tanks, but excluding waste treatment facilities located on vessels and terminal storage tanks and appurtenances for the reception of oily ballast water or tank washings from vessels and associated systems used for offloading vessels. (2) Loading racks, transfer hoses, loading arms and other equipment which are appurtenant to a nontransportation-related facility or terminal facility and which are used to transfer oil in bulk to or from highway vehicles or railroad cars. (3) Highway vehicles and railroad cars which are used for the transport of oil exclusively within the confines of a nontransportation-related facility and which are not intended to transport oil in interstate or intrastate commerce. (4) Pipeline systems which are used for the transport of oil exclusively within the confines of a nontransportation-related facility or terminal facility and which are not intended to transport oil in interstate or intrastate commerce, but excluding pipeline systems used to transfer oil in bulk to or from a vessel. (o) Offshore facility. Any facility of any kind located in, on, or under any of the navigable waters of the United States, other than a vessel or public vessel. (p) Oil. Oil of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. The terms “oil” and “POL” are used interchangeably in this regulation. (q) On-scene coordinator (OSC). The Federal official predesignated by the EPA or the USCG to coordinate and direct Federal discharge removal efforts in approved regional contingency plans at the scene of an oil or hazardous substance discharge. (r) Onshore facility. Any facility located in, on, or under any land within the United States, other than submerged lands, which is not a transportation-related facility. (s) Person. Includes any individual, firm, corporation, association, and patnership. (t) Potential discharge. Any incident or circumstance which threatens to result in the discharge of oil or a hazardous substance. (u) Primary agencies. Federal departments or agencies comprising the NRT and designated to have primary responsibility and resources to promote effective operation of the National Oil and Hazardous Substances Pollution Contingency Plan. These agencies are the Departments of Commerce, Interior, Transportation, Defense, and the Environmental Protection Agency (EPA). (v) Public health or welfare. All factors affecting the health and welfare of man. They include but are not limited to, human health, the natural environment, fish, shellfish, wildlife, and public and private property, shorelines, and beaches. (w) Public vessel. A vessel owned or barefoot chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce. (x) Regional administrator. The Regional Administrator of the EPA, or his designee, in and for the region in which the facility is located. (y) Regional Response Center (RRC). The Federal regional site for the control of pollution emergency response activities. It provides communications, information storage, and necessary personnel and facilities to promote the proper functioning and administration of regional pollution emergency response operations. (z) Regional Response Team (RRT). A team of regional Federal representatives of the primary or selected advisory agencies, which acts within its region as an emergency response team performing functions similar to those of the NRT. (aa) Sheen. An iridescent appearance on the surface of water. (bb) Sludge. An aggregate of oil or oil and other matter of any kind having a combined specific gravity equivalent to or greater than water. (cc) Spill event. A discharge of oil or hazardous substance on land or into or upon the navigable waters of the United States or adjoining shorelines in harmful quantities. For oil, a harmful quantity is that oil in excess of established State water quality standards; or that which causes a film, sheen, or discoloration on the surface of the water or adjoining shorelines; or quantities in excess of 1,000 U.S. gallons on land. For other hazardous substances, quantity guidelines will be published by DAEN-ZCE when information is developed by EPA. (dd) Toxic pollutant. Those pollutants or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformations in such organisms or their offspring. (ee) Vessel. Every type of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, other than a public vessel. (a) A capability will be established and maintained to respond in emergency situations to promptly contain and clean up accidental DA-caused oil discharges and spills of hazardous and toxic substances that occur at or near Army installations and activities. (b) Assistance will be provided to contain and clean up non-DA-caused spills under the provisions of the National Oil and Hazardous Substances Pollution Contingency Plan consistent with operational commitments. (c) All materials (including oils, fuels, petroleum products, and other hazardous chemicals) will be handled, used, and stored to avoid or minimize the possibility of an accidental spill and potential pollution of land, air, and water. (d) Storage facilities for oil and other hazardous substances (at date described herein) will be designed to incorporate such safeguards as dikes, catchment areas, and relief vessels to contain the flow of oil and hazardous liquids and to minimize the contamination of land and water resources. (e) DA agencies will cooperate with the Council on Environmental Quality, Department of Interior, Department of Transportation, the Environmental Protection Agency, and the Department of Commerce in the planning and execution of activities to minimize the possibility of discharges or mitigating the effects of spills, wherever they occur. (f) Contracts for disposal of oil or other wastes will contain provisions that require the disposal method to be in accordance with Federal, State, and/or local regulations and standards. (g) Each installation or activity with the capability of storing, dispensing or discharging oils, oil products, and bulk quantities of liquid toxic and hazardous substances will prepare, maintain and implement a current SPCC Plan and an ISCP as specified herein. (The requirements for a spill prevention plan and a spill contingency plan may be satisfied by one plan with two distinctive sections—SPCC and ISCP.) (a) The willful discharge of oil, petroleum products or hazardous and toxic substances from installations, vehicles, aircraft, and watercraft onto land or into waters is prohibited except in cases of extreme emergency and if considered essential for the protection of human life. Every reasonable precaution, therefore, will be taken to prevent the accidental discharge of oil or petroleum products on land or water or their vapors to the air. (b) Oil-water separators will be installed and maintained to reduce the oil content of oil-water wastes produced from vehicle and equipment washracks, industrial processes, steam cleaning operations, etc., to levels specified by Federal, State or local standards. (c) The discharge of ballast water from vessels will be strictly controlled either by the use of ship-board or onland oil-water separators capable of processing accumulated waste waters. Oil and fuel contaminated wastes produced during the cleaning of fuel storage tanks and combustion engine components will also be collected and treated for oil removal prior to discharge. (d) Waste oil produced on Army installations will be collected, segregated, and protected to avoid contamination. Where cost effective, waste oil will be used as a fuel additive in large oil burning heating plants. Waste oil will not be used as a dust palliative on roads or other surfaces. If the generating installation does not have the capability to use the waste oil, it will be offered to other installations that are located within cost- effective transportation distances. If the oil cannot be cost-effectively used, it will be reported to a Defense Property Disposal Office (PDO) in the area for disposal. If disposal to PDO is economically unfeasible, installation should make arrangements with local contractors for disposal of waste products. (e) Waste water discharges will be monitored for oil content and other toxic and hazardous substances in accordance with the provisions of the permits issued under the National Pollutant Discharge Elimination System (NPDES). (f) DA will provide representatives to the RRT located in each of the Standard Federal Regions (figure 9–1) in accordance with §650.206. The number of representatives may vary, depending upon the requirements in that Federal regional area and with details specified in each regional contingency plan. (g) The RRT will be activated automatically if a major or potentially major discharge occurs. In any other pollution emergency, the RRT may also be activated upon an oral request by any Primary agency representative to the Chairperson of the RRT. Such requests for team activation will be confirmed in writing. (h) During a major pollution discharge involving activation of the RRT, the IOSC may be directed and controlled by the EPA or USCG OSC. (i) In the event an installation commander provides assistance on non-DA caused spills (those not covered by EPA, USCG or the National Plan) a civil support release and/or reimbursement agreement should be obtained similar to appendix A, AR 75–15. Paragraph 216011, AR 55–355, Assistance to Carriers, also provides guidance. (a) Department of the Army Staff. (1) The Chief of Engineers will— (i) Promulgate basic policies and procedures for Department of the Army implementation of the National Oil and Hazardous Substances Pollution Contingency Plan (National Plan) for Army-caused discharges and for the preparation and implementation of SPCC and ISCP plans. (ii) Provide technical direction, design guidance, and engineering procedures to military installations on implementation of SPCC and ISCP plans. (iii) Provide primary and alternate members (for Civil Works) to the RRT in each of the Standard Federal Regions as required. Nominations will be provided directly to the Chairman of the RRT. (2) Deputy Chief of Staff for Operations and Plans will exercise Army Staff supervision of DA support to the EPA and USCG in the cleanup of pollution discharges caused by other than Army agencies under the National Oil and Hazardous Substances Pollution Contingency Plan. (3) The Inspector General and Auditor General (Army Director of Safety) will provide assistance and guidance on the safety aspects of the storage, use, handling, and disposal of hazardous and toxic substances. (4) The Surgeon General will provide assistance and guidance on the health and environmental aspects of the storage, use, handling, and disposal of hazardous and toxic substances. (b) Major Army commanders will— (1) Promulgate instructions for early preparation and periodic review of the ISCP for prompt identification, reporting, containment, and cleanup of accidental oil discharges and spills of hazardous and toxic substances at or near Army installations. (2) Initiate a program for an initial survey and periodic evaluation of oil storage transfer and handling facilities for the purpose of developing an SPCC Plan for each installation. (3) Program and budget for personnel, materials and equipment required for oil and hazardous substances spill prevention, containment and cleanup activities of DA-caused spills at Army installations. (c) Commanding General, FORSCOM will— (1) Upon oral request, confirmed in writing by the EPA or USCG, provide personnel and resources support in accordance with the provisions of AR 500–60 during activation of the NRT and/or RRT and implementation of the National Oil and Hazardous Substances Pollution Contingency Plan. Such support is to be on a reimbursable basis. (2) Provide primary and alternate representatives (for military matters) to the RRT for each Standard Federal Region as required. Nominations will be provided directly to the Chairman of the RRT. (d) Installation and activity commanders will— (1) Establish SPCC plans and ISCP's and procedures to prevent spills and to ensure prompt reporting, containment, and cleanup of accidental discharges of oil and hazardous substances that occur at Army installations and nearby activities. (2) Perform periodic surveys or inspections to verify compliance with the provisions of this regulation and to periodically test the effectiveness of SPCC Plans and ISCP's. (3) Ensure that all fuels, oils, and hazardous materials (such as acids, bases, organic solvents, and other toxic chemicals) are used, stored and handled to avoid or minimize the possibilities of environmental pollution. (4) Provide engineering safeguards (such as dikes, catchment areas, relief vessels) necessary to prevent pollution of navigable waters by accidental discharge of stored fuels, solvents, oils, and other chemicals. (5) Identify in their ISCP (§650.214) other possible DA resources that could be made available to the RRT if DA agencies are requested to assist in the containment and/or cleanup of a non-DA caused spill in accordance with AR 500–60. (6) When directed by CG, FORSCOM, provide available resources to support the OSC during implementation of the National Oil and Hazardous Substances Pollution Contingency Plan (AR 500–60). (7) Inform the installation information officer and next higher information office about the anticipated news media coverage and local public reaction to an accidental discharge of oil or hazardous substances. (8) Program and budget for personnel, materials, equipment, and training programs required for oil and hazardous substances spill prevention, containment and cleanup of DA-caused spills. (9) Determine, for DA-caused off-post spills in the immediate vicinity of the installation, if his military organization is within the most reasonable distance of the pollution discharge and if he has the resource capability to respond to the discharge incident. If he does not respond to the containment and cleanup of the spill, the installation commander will ensure that the RRT and appropriate DOD agencies are notified for necessary action. (10) Ensure that all reportable spills of oil and hazardous substances are reported through channels to DAEN-ZCE and to EPA, USCG or other civil authorities (§§650.215 through 650.218). See table 9–1 for related publications to be used in conjunction with this subpart.
Title 32: National Defense
PART 650—ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200–1)
Subpart I—Oil and Hazardous Substances Spill Control and Contingency Plans
General
§ 650.201 Purpose.
§ 650.202 Goal and objectives.
§ 650.203 Explanation of terms.
§ 650.204 Policies.
§ 650.205 Implementing guidelines.
§ 650.206 Responsibilities.
§ 650.207 References.
Spill Prevention Control and Countermeasure Plan
§ 650.208 General.
Regulations have been issued by the U.S. Environmental Protection Agency (EPA), as required by the Federal Water Pollution Control Act (FWPCA) amendments of 1972, to prevent discharges of oil into the navigable waters of the United States and to contain these discharges if they do occur. These regulations require installations having certain nontransportation-related onshore and offshore oil storage facilities (as described below) to prepare, maintain, and implement a Spill Prevention Control and Countermeasure Plan (SPCC plan) to prevent and control the discharge of oil and hazardous substances before they occur.
(a) The SPCC plan will identify potential sources of oil and hazardous substances and the measures required to prevent and contain any accidental discharge resulting from equipment or storage facility failure. The SPCC plan is directed by Title 40 CFR part 112, copies of which are available from the EPA, Washington, DC 20242 or from any EPA regional office.
(b) Army installations will prepare and implement a current SPCC plan when their oil or hazardous substance storage facilities meet any one of the following:
(1) Aggregate above-ground oil storage, at any one location on the installation, is greater than 1,320 gallons.
(2) Any single tank above-ground oil storage, at any one location on the installation, is greater than 660 gallons.
(3) Total underground oil storage, at any one location on the installation, is greater than 42,000 gallons.
(4) Single bulk storage of hazardous liquid substances (acids, chemical solvents, etc.) is greater than 500 gallons. The 500 gallon limit represents that total combined quantity of hazardous liquid substance at a single storage location on an installation.
(5) Nontransportation-related onshore and offshore facilities which, because of their location or operations, could reasonably be expected to discharge oil or hazardous material in harmful quantities into or upon the navigable waters of the United States.
(c) For purposes of an SPCC plan, the oil storage facilities will include, but not be limited to, storage for a facility such as a heating or boiler plant, electric generating unit, fuel dispensing or transfer facility, tank car or truck loading/unloading rack, bulk fuel storage, etc. An above-ground or underground oil storage facility may be a single tank or grouping of tanks in a localized area on an installation.
§ 650.209 Preparation and implementation of plan.
(a) An SPCC plan will be prepared expeditiously by each installation having oil or hazardous substances storage facilities as required in §650.208(b), and each plan will be periodically reviewed triennially and updated as necessary.
(b) Completed plans will be fully implemented (including required construction and installation of equipment and/or training of personnel) as soon as possible after January 10, 1975. Newly activated installations will prepare an SPCC plan within 6 months after the date they begin operation and will fully implement it not later than 1 year after operations begin.
(c) An extension of time for the preparation and full implementation of an SPCC Plan beyond the times specified may be obtained from the EPA Regional Administrator. A copy of any request for an extension will be furnished through command channels to HQDA (DAEN—ZCE) Wash., DC 20310.
§ 650.210 Review and evaluation.
Each SPCC plan will be—
(a) Reviewed by a registered professional engineer (PE) and certified to have been prepared in accordance with good engineering practices, after onsite examination of the facility, and after familiarity with title 40 CFR part 112. This certification may be accomplished by a PE at the next higher command if no PE is available at the installation.
(b) Original and changes maintained current and reviewed by a registered professional engineer and will be made available for onsite review by the EPA regional administrator at the office of the facilities engineer. Copies of all original plans and changes will also be filed at appropriate MACOM environmental office.
(c) Reviewed and evaluated at least once every 3 years. If the review shows that more effective prevention and control technology will significantly reduce the likelihood of a spill event and if the technology has been field-proven and can be procured and installed at the time of the review, the DA component will amend the SPCC plan to include the more effective technology and have it certified by a registered professional engineer. Technological improvements should be included in Operation and Maintenance, Army or Major Construction, Army budgets as appropriate.
(d) Reviewed and amended in accordance with §650.216, as required by the EPA Regional Administrator, whenever a facility has discharged more than 1,000 US gallons of oil into the navigable waters in a single spill event or when there have been two spill events within any 12-month period.
§ 650.211 Minimum plan requirements.
As a minimum, the SPCC plan will contain—
(a) A detailed description of the equipment and measures specified for oil spill prevention, control, and countermeasure, including structures and equipment for diversion and containment of discharges, facility drainage, and identification of resources to cleanup spills. Measures adopted should permit as far as practical reclamation of spilled substance. Many prevention and control requirements are similar to safety requirements for the design and operation of oil tanks, pipelines and pumping facilities.
(b) A description of each nontransportation-related spill event that has occurred at that facility within the past 12 months with corrective actions taken, and plans for preventing recurrence.
(c) An inventory list of storage, handling, and transfer facilities for which there is a reasonable possibility of a significant discharge of oil or other hazardous polluting substances. For each listing, where experience indicates a reasonable potential for equipment failure (e.g., tank overflow, rupture, or leakage), include a prediction of the direction, rate of flow, and total quantity of oil which could be discharged as a result of a major type of failure.
(d) A graphic description showing all containment and/or diversionary structures or equipment required to prevent discharged oil from reaching a navigable water course. Included among the various preventive measures that can be employed are: Impervious berm and dike; curbing; culverting, gutters, or other drainage systems; weirs, booms, or other barriers; spill diversion ponds; and retention ponds. If it is not practicable to install structures, sorbent materials such as straw or commercial products can be used for containment or cleanup of spills at locations specified in the plan.
(e) When it is determined that the installation of the preventative structures or equipment listed in §650.211(d) is not practicable, the installation commander will demonstrate fully such impracticability and include the written provisions of the Installation Spill Contingency Plan (ISCP) in this section of the SPCC plan.
§ 650.212 Detailed guidance.
In addition to the minimum prevention measures (§650.211), sections of the SPCC plan will include a written analysis and complete discussion of conformance with applicable guidelines on other effective spill prevention and containment procedures. The guidelines are described in title 40 CFR 112.7(e) and cover the following areas:
(a) Onshore facility diked storage drainage areas including valve restraints.
(b) Onshore bulk storage tank and dike construction material, liquid alarm systems and sensing devices.
(c) Facility transfer operations criteria for piping, valves, and inspection requirements.
(d) Facility tank car and tank truck loading/unloading rack, barriers, and warning requirements.
(e) Field storage, mobile, and portable fueling facilities such as bladders and tank trucks (See 40 CFR 112.3).
(f) Inspections and records procedures.
(g) Security fencing, pump control, pipeline connections, and lighting systems devices.
(h) Personnel, training, and spill prevention procedures.
Installation Spill Contingency Plan
§ 650.213 General.
A National Oil and Hazardous Substances Pollution Contingency Plan was developed in accordance with the provisions of the Federal Water Pollution Control Act (FWPCA) Amendments of 1972 (33 U.S.C. 1151 et seq.) and requires Federal agencies to develop a plan to clean up discharges of oil and hazardous substances for which they are responsible. Commanders will maintain an Installation Spill Contingency Plan (ISCP) to identify resources to be used to clean up discharges on Army installations and will be prepared to provide assistance to non-DA agencies when requested. (AR 500–60 provides policy and guidance for the DA response to the National Oil and Hazardous Substance Pollution Contingency Plan to assist EPA and the USCG in spills caused by other than DA agencies.)
(a) The ISCP will establish the responsibilities, duties, procedures, and resources to be employed, to contain and clean up accidental discharges.
(b) All Army installations will maintain a current ISCP which will be reviewed and evaluated at least once every 3 years.
(c) The resources identified for possible use by a RRT in support of the National Oil and Hazardous Substances Pollution Contingency Plan are to be specifically identified as an element of the ISCP.
(d) The ISCP will be simulated at least annually by the installation commander in coordination with the responsible officers of the SPCC Plan in order to ensure timely and effective personnel and equipment response in the event of an accidental discharge.
(e) Copies of original ISCP and any changes will be kept on file at installation facility engineer (FE) office and at MACOM environmental office.
(f) All Army installations will establish a thorough training program for oil spill response personnel.
§ 650.214 Minimum plan requirements.
As a minimum the ISCP will contain—
(a) The name, responsibilities and duties of the IOSC. The IOSC is the official predesignated by the installation commander to coordinate and direct Army control and cleanup efforts at the scene of an Army caused oil or hazardous substance discharge on or adjacent to an Army installation.
(b) The specification, composition, and training plans of the IRT which acts as an emergency response team performing response functions as defined and directed by the IOSC. A preplanned location for an installation response operations center.
(c) IRT alert and mobilization procedures including provisions for access to a reliable communications system for timely notification of an oil or hazardous substance discharge.
(d) A current list of positions, telephone numbers, and addresses (e.g., names of key contact people in an ISCP appendix) of the responsible persons and alternates on call to receive notification of an oil or hazardous substance discharge as well as the names, telephone numbers and addresses of key organizations and agencies to be notified when a discharge is discovered.
(e) Surveillance procedures for the early detection of oil and hazardous substances discharges.
(f) Quantities and locations of manpower, equipment, vehicles, supplies, and material resources required to expeditiously contain, recover, and remove any maximum harmful quantity of oil or hazardous substance discharged by Army activities on post or at nearby Army operations. Plans will identify specific action for various size potential spills, (identified in the SPCC Plan inventory list (§650.211(c))), and will identify a priority list in which various critical water uses are to protected as a result of a discharge.
(g) Sources of additional resources that are available to an installation for the cleanup or reclamation of a large DA-caused spill, if such a pollution spill exceeds the response capability of the installation (e.g., resources such as U.S. Coast Guard, Air Force, Navy or private contractors). An established, prearranged procedure for requesting assistance, and agreements for acquisition of resources, during a major disaster or response exceeding situation.
(h) Procedures and techniques to be employed in identifying, containing, dispersing, reclaiming and removing oil and hazardous substances used in bulk quantity on an installation. Identification of chemicals (whose technical product data has been provided to and accepted by EPA) that may be used to concentrate, neutralize, collect, disperse and remove oil or hazardous substances discharges. Pollution control actions taken will be in accordance with applicable Federal, State, or local standards, EPA guidelines, and the current National Oil and Hazardous Substances Pollution Contingency Plan.
(i) Reporting procedures as required by §§650.215 and 650.216 in the event of an oil or hazardous substance discharge by Army activities.
(j) Army resources useful to the RRT in the event Army agencies are tasked to aid in the cleanup of a non-Army caused spill. Specific procedures to facilitate recovery of costs encountered during cleanup of non-Army spills are given in AR 500–60.
Reports of Army Accidental Oil and Hazardous Substances Discharges
§ 650.215 General.
In the event of any spill, responsive actions will be taken to prevent oil and hazardous substances from entering any navigable waters or water supplies. All personnel assigned or employed by the Department of the Army will promptly report any observed oil spill, significant discharges of hazardous and toxic substances, or evidence of a spill by discovery of a slick or sheen on water from oil, gasoline, jet fuel, or other hazardous polluting substance. Spill events will be reported immediately by telephonic means to the EPA Regional Office, U.S. Coast Guard District Office or National Response Center (800) 424–8802. On-post spill events not entering navigable waters are to be reported promptly and completely, but EPA or USCG may not require further reporting in accordance with §650.216. Off-post incidents will be reported as above and to the nearest or appropriate political jurisdiction and to the RRT at the RRC.
§ 650.216 Pollution Incident Report (RCS EPA 1001).
(a) Medium and major spills (§650.203) and any discharge of more than 1,000 U.S. gallons of oil or a spill of more than 500 U.S. gallons of other hazardous liquid substance into navigable waters on or adjacent to an Army installation in the United States will be promptly reported by the IOSC by telephonic means to (800) 424–8802, or to the nearest USCG District Office, to the EPA Regional Office, and electronically through channels to HQDA (DAEN-ZCE), Wash., DC 20310. (See Figures 9–1 and 9–2 for regions and districts.)
(1) When it has been determined by the OSC that a spill of a hazardous substance (less than 500 gallons) is in a harmful quantity or that the discharge poses a substantial threat to the public health or welfare, it will be classed as a medium or major discharge and a Pollution Incident Report will be submitted.
(2) The format for the Pollution Incident Report is given in table 9–2.
(3) Telephonic or electronic reports will be confirmed by a follow-up written message within 30 days after the spill to the EPA Regional Administrator, the NRT or RRT, as appropriate, and to DAEN-ZCE.
(b) When more than 1,000 U.S. gallons of oil (medium and major spills) or more than 500 U.S. gallons of a hazardous liquid substance (or any major discharge of a hazardous substance) have been discharged into or upon a navigable water in a single spill or when two spill events occur within any 12-month period, this written follow-up report will contain (in addition to the items in table 9–2) the following:
(1) Description of facility from which spill originated (including maps, flow diagrams, and topographic maps); date facility was put into operation; storage or handling capacity; and normal daily/weekly through-put.
(2) Cause of spill, including a failure analysis of system or subsystem in which the failure occurred. Describe unique problems encountered.
(3) Post spill corrective actions, including resources committed, attempts to reclaim spilled substance and/or countermeasures taken. Include a description of equipment repairs and/or replacements.
(4) Effectiveness of response and removal actions by the discharger, State and local forces, or Federal agencies and special forces.
(5) Additional preventive measures taken or contemplated to minimize the possibility of a recurrence and recommendations to improve response actions and chances for reclaiming if a similar spill should occur.
(6) A complete copy of the SPCC plan with any amendments.
(c) Based on the above spill report information, the EPA Regional Administrator may require amendments to the SPCC plan and will notify the commander concerned by certified mail. A copy of such report will also be submitted to the State water pollution control authority.
(d) Upon discovery of a spill in which the pollutant may flow past the boundary of the installation, or a spill into navigable waters, or a spill from a vessel, the IOSC will notify the installation judge advocate's office to ensure that information, records, and samples adequate for legal purposes are obtained and safeguarded for future use.
§ 650.217 Reports on DA support provided to control non-DA spills.
Reports on the commitment of Army resources to spills, either requested by EPA or USCG, or by authority of the installation commander, in response to the provisions of the National Oil and Hazardous Substance Pollution Contingency Plan will be provided to Director of Military Support HQDA (DAMO-MS) WASH DC 20310, in accordance with the provisions of AR 500–60.
§ 650.218 Exclusions.
(a) Policies and procedures applicable to nuclear accidents and incidents as outlined in AR 360–5, AR 50–5, and AR 40–13 are not affected by this regulation.
(b) Policies and procedures applicable to chemical agent accidents and incidents as outlined in AR 50–5 and AR 385–40 are not affected by this regulation.
Table 9–1—Related Publications Council on Environmental Quality—National Oil and Hazardous Substances Pollution Contingency Plan (40 FR 28, p. 6282, February 10, 1975). EPA—Oil Pollution Prevention, Non-Transportation-Related Onshore and Offshore Facilities (38 FR 237, p. 34164, December 11, 1973). The Federal Water Pollution Control Act Amendments of 1972 (title 33 U.S.C. 1251 et seq.). River and Harbor Act of 1899 (30 Stat. 1121, 33 U.S.C. 407). Executive Order 11752, Prevention, Control and Abatement of Environmental Pollution at Federal Facilities (38 FR 243, p. 34793). Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052). Department of Transportation—Discharge of Oil (title 40 U.S.C. part 110). Pollution Prevention, Vessel and Oil Transfer Facilities, CFR title 33, chapter 1, subchapter O, US Coast Guard. AR 40–13 Radiological Emergency Medical Teams (REMT). AR 50–5 Nuclear Surety. AR 50–6 Chemical Surety. AR 50–21 Chemical Accident and Incident Control (CAIC). AR 55–355 Military Traffic Management Regulation. AR 56–9 Watercraft. AR 75–15 Responsibilities and Procedures for Explosive Ordinance Disposal. AR 385–10 Army Safety Program. AR 385–40 Accident Reporting and Records. AR 500–60 Disaster Relief. TB 55–1900–206–14 Control and Abatement of Pollution by Army Watercraft. Table 9–2—Format for Pollution Incident Report (RCS EPA-1001) Table 9–3—Environmental Protection Agency regional offices Environmental Protection Agency, Region I, Room 2303, John F. Kennedy Federal Building, Boston, MA 02203, Tel: (617) 223–7265. Environmental Protection Agency, Region II, Room 908, 26 Federal Plaza, New York, NY 10007, Tel: (201) 548–8730. Environmental Protection Agency, Region III, Curtis Bldg., 6th and Walnut Streets, Philadelphia, PA 19106, Tel: (215) 597–9898. Environmental Protection Agency, Region IV, 345 Peachtree St., NE., Atlanta, GA. 30308, Tel: (404) 881–4062. Environmental Protection Agency, Region V, Federal Building, 230 South Dearborn Street, Chicago, ILL 60604, Tel: (312) 896–7591. Environmental Protection Agency, Region VI, Suite 1600, 1600 Patterson St., Dallas, TX 75201, Tel: (214) 749–3840. Environmental Protection Agency, Region VII, 1735 Baltimore Ave., Kansas City, MO 64108, Tel: (816) 374–3778. Environmental Protection Agency, Region VIII, Suite 900, 1860 Lincoln Street, Denver, CO 80203, Tel: (303) 837–3880. Environmental Protection Agency, Region IX, 100 California Street, San Francisco, CA 94111, Tel: (415) 556–6254. Environmental Protection Agency, Region X, 1200 Sixth Avenue, Seattle, WA 98101, Tel: (206) 442–4343. Telephone numbers are 24 hour working numbers either through automatic switching or provision of answering services. Table 9–4—Department of Transportation us coast guard districts 1st Coast Guard District (I), 150 Causeway Street, Boston, MA 02114, Duty Officer: (617) 223–6650. 2nd Coast Guard District, Federal Building, 1520 Market Street, St. Louis, MO 63101, Duty Officer: (314) 622–4614. 3rd Coast Guard District (II), Governors Island, New York, NY 10004, Duty Officer: (212) 264–4800. 5th Coast Guard District (III), Federal Building, 431 Crawford Street, Portsmouth, VA 23705, Duty Officer: (703) 393–9611. 7th Coast Guard District (IV), Room 1012, 1018, Federal Bldg., 51 SW. 1st Avenue, Miami, FL 33130, Duty Officer: (305) 350–5611. 8th Coast Guard District (VI), Customhouse, New Orleans, LA 70130, Duty Officer: (504) 527–6225. 9th Coast Guard District (V), 1240 East 9th Street, Cleveland, OH 44199, Duty Officer: (216) 522–3984. 11th Coast Guard District, Heartwell Bldg., 19 Pine Avenue, Long Beach, CA 90802, Duty Officer: (213) 590–2311. 12th Coast Guard District (IX), 630 Sansome Street, San Francisco, CA 94126, Duty Officer: (415) 556–5500. 13th Coast Guard District (X), 618 2nd Avenue, Seattle, WA 98104, Duty Officer: (206) 524–2902. 14th Coast Guard District, P.O. Box 45, FPO San Francisco, CA 96610, Duty Officer: (808) 546–7109 (Commercial only), AUTOVON—421–4845. 17th Coast Guard District, FPO Seattle, WA 98771, Duty Officer: (907) 586–7340 (Commercial only), AUTOVON—388–1121. Telephone numbers shown are available and manned 24 hours (′′′) denotes district office where coastal regional Contingency Plans for standard Federal regions are available. Item Data 1............................. Name and location of installation.2............................. Commander of installation and his phone number.3............................. Date and time (GMT) of incident or time of discovery.4............................. Severity of incident. Specify size of oil discharge (major, medium, minor).5............................. Location of incident and specific areas affected by spill.6............................. Cause and source of incident.7............................. Type and estimated amount (barrels, gallons, liters, pounds) of pollutant. If applicable, length by width of slick.8............................. Samples taken (yes or no).9............................. Damage impact on surroundings (fish, wildlife, and underground waters, e.g. drinking water).10............................ Potential dangers (fire, explosion, toxic vapor, etc.).11............................ Corrective action to eliminate pollution source.12............................ Corrective action to remove pollutant.13............................ Assistance required.14............................ Estimated completion date of remedial actions.15............................ Anticipated or actual reaction by news media and public to the incident.16............................ Other items required in the regional contingency plan and a general discussion of the incident.
